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Boyd v. State2/6/2003
Gary Lynn Boyd appeals his conviction after a bench trial of driving under the influence of alcohol (DUI) to the extent that it was less safe for him to drive. He contends that there was insufficient evidence to establish probable cause for his arrest for DUI, that statements that he made while under arrest should have been excluded, and that there was insufficient evidence to support the conviction. Because the record does not support Boyd's contentions, we affirm.
At trial, a police officer testified that at approximately 2:50 a.m. on October 16, 1997, he observed Boyd drive into a parking lot at a "high rate of speed," "scrub" a curb, abruptly make a loop, and then head back toward the entrance. The officer followed Boyd. Boyd ran a stop sign in the parking lot as he continued at a "reckless speed" until the officer turned on the blue lights, which also activated the patrol car's video camera. Boyd stopped in a nearby parking lot.
The officer was assigned to a DUI Task Force. Upon approaching Boyd, the officer noted that Boyd had bloodshot eyes, a blank, dazed, fixed stare on his face, saliva drooling from his chin, and a strong odor of alcohol on his breath. When the officer asked Boyd for his license and proof of insurance, Boyd was initially unresponsive. He fumbled past his driver's license twice before recognizing it. Boyd's speech was slurred. He denied drinking any alcohol and striking the curb. The officer asked Boyd to step out of the car to inspect his tires , but when the officer told Boyd that he was not under arrest, Boyd refused to comply with the request. The officer then radioed for assistance.
The responding officer, who had almost five years' experience with the DUI Task Force, testified at Boyd's trial. Upon arriving at the scene, he activated his videocamera. As the first officer began briefing him on his observations, Boyd interposed that he had not hit a curb and had not driven too fast. The responding officer noticed Boyd's slurred speech, his bloodshot eyes, and an "overpowering" odor of an alcoholic beverage as Boyd spoke. When Boyd denied that he had consumed alcohol, the officer asked Boyd whether he had been around anything that contained alcohol. Boyd responded, "I don't know. What is alcohol?"
By this time, both officers had formed the opinion that Boyd had been driving under the influence of alcohol. Boyd, who had become argumentative, was arrested for driving under the influence of alcohol and was ordered to step out of the car. But he refused to comply. As the officers pulled him out of the car, Boyd resisted by holding onto the car's center console. Once outside the car, Boyd would not stand and instead landed on his knees. He was handcuffed and placed in the rear seat of a patrol car, where he remained while the police completed their investigation.
Boyd began to complain to one of the officers that the handcuffs were uncomfortable and that his shoulders, on which he had previously had surgery, were hurting. He voiced suspicion that the officers were trying to confiscate his car. He then repeatedly referred to the officer with opprobrious language and made derogatory statements to the officer about his appearance, stating, "I'm just voicing my opinion." The officer did not respond. Both videotapes made by the officers were introduced into evidence.
1. Boyd contends that the officers lacked probable cause to arrest him for DUI. The material inquiry is whether the facts within the officers' knowledge at the time of the arrest constituted reasonably trustworthy information sufficient to authorize a prudent person to believe that Boyd had committed that offense. "The test of probable cause requires merely
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